Richmond Brothers, Inc. v. Hagemann

The plaintiff appeals from a decree dismissing its bill to enjoin the defendants from creating and maintaining a private nuisance by (1) blocking a navigable stream, and (2) erecting structures on land adjacent to the plaintiff’s land. After trial, the judge made findings, rulings, and an order for decree, and the evidence is reported.

The following facts, except as indicated, are not in substantial dispute. The plaintiff (WMEX) is the operator of a radio broadcasting station pursuant to authority of the Federal Communications Commission (FCC), and maintains transmitting towers on its part of…